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HomeMy WebLinkAboutORD NO. 23-1464 (CIVIL SERVICE BOARD) Page 1 of 5 ORD NO. 23-1464 CITY OF HERMOSA BEACH ORDINANCE NO. 23-1464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 2.76 TO THE HERMOSA BEACH MUNICIPAL CODE RE-ESTABLISHING A CIVIL SERVICE BOARD AND DETERMINING THE ORDINANCE IS NOT A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS A. On June 7, 1960, Ordinance No. N.S. 211 was adopted by way of a ballot measure in order to establish a civil service system and personnel rules and regulations for the City and was codified in Chapter 2.76 of the Hermosa Beach Municipal Code. B. During the November 8, 2022 General Municipal Election, Measure U to repeal Ordinance No. N.S. 211 was placed on the ballot and passed by a majority vote of the people. C. During the interim, the City met and conferred in accordance with the Meyers- Milias Brown Act with the City’s six labor groups regarding a new set of replacement personnel rules and regulations that reflect current Federal and State employment laws, policies, and practices. D. At the May 23, 2023 City Council meeting, the City Council adopted a resolution approving the Hermosa Beach Personnel Rules and Regulations for Civil Service Employees. E. These newly adopted Personnel Rules and Regulations for Civil Service Employees call for a City Civil Service Board to review and approve the various job classifications for the City. Further, additional responsibilities could be allocated to the Civil Service Board if approved by the City Council and the various City labor groups as applicable. F. Thus, the need to re-establish the City’s Civil Service Board is required. SECTION 2. Chapter 2.76 (Civil Service Board) of the Hermosa Beach Municipal Code is hereby added as provided in Exhibit A, attached hereto and incorporated herein by reference. DocuSign Envelope ID: E9CD7CEA-AC02-4901-A6C0-77807152294F Page 2 of 5 ORD NO. 23-1464 SECTION 3. Environmental Review. This Ordinance is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378 (b)(5) as an organization or administrative activity of the City that will not result in direct or indirect physical changes in the environment. SECTION 4. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof. SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. SECTION 6. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED on this 11th day, July 2023. AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS SAEMANN, FRANCOIS, AND DETOY NOES: NONE ABSTAIN: NONE ABSENT: NONE Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla, MPA, CMC Patrick Donegan City Clerk City Attorney DocuSign Envelope ID: E9CD7CEA-AC02-4901-A6C0-77807152294F Page 3 of 5 ORD NO. 23-1464 EXHIBIT A DocuSign Envelope ID: E9CD7CEA-AC02-4901-A6C0-77807152294F Page 4 of 5 ORD NO. 23-1464 Chapter 2.76 Civil Service Board Contents 2.76.010 Created – composition 2.76.020 Terms of members – vacancies 2.76.030 Meetings–quorum–powers and duties generally. 2.76.010 Created – composition. A civil service board is hereby created, which shall consist of five members. The members shall be qualified electors of the city and appointed by the city council. The civil service board shall consist of those persons most recently appointed as members of the previous civil service board at the time of adoption of this chapter. The terms of the members under the previous civil service board shall be reinstated and upon expiration, the city council shall appoint a board member. Any member may be reappointed. No person shall be appointed to the civil service board who holds any salaried public office or employment with the city. No person, while a member of the civil service board, shall be eligible for appointment to any office or employment with this city. 2.76.020 Terms of members – vacancies. The members of the civil service board shall be appointed for a term of four years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointments by the city council for the unexpired portion of the term. Appointments shall be made pursuant to Government Code Section 54970 et seq. Members serve at the pleasure of the city council and may be removed, without cause, by a majority vote of the city council. Two absences from regularly scheduled meetings of any member within one calendar quarter, and/or four absences from regular meetings within one calendar year creates an automatic vacancy. There shall be no distinction between excused or unexcused absences. When an automatic vacancy occurs, the staff liaison shall promptly notify the city council, the commission, and the member. The automatic vacancy shall not be effective until council receives notice and fails to waive application of this section. The city council may waive application of the automatic vacancy upon its own motion; otherwise, the vacancy so created shall be filled pursuant to this Chapter. 2.76.030 Meetings–quorum–powers and duties generally. DocuSign Envelope ID: E9CD7CEA-AC02-4901-A6C0-77807152294F Page 5 of 5 ORD NO. 23-1464 The civil service board shall determine the order of business for the conduct of its meetings and shall meet regularly, if so required, by the Hermosa Beach Personnel Rules and Regulations for Civil Service Employees or any future rules and regulations adopted by the City Council. Three members of the civil service board shall constitute a quorum for the transaction of business. The functions and duties of the civil service board shall be provided for in the Hermosa Beach Personnel Rules and Regulations for Civil Service Employees, as amended or modified, and as directed by the City Council. DocuSign Envelope ID: E9CD7CEA-AC02-4901-A6C0-77807152294F State of California ) County of Los Angeles ) ss City of Hermosa Beach ) July 19, 2023 Certification of Council Action ORDINANCE NO. 23-1464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 2.76 TO THE HERMOSA BEACH MUNICIPAL CODE RE-ESTABLISHING A CIVIL SERVICE BOARD AND DETERMINING THE ORDINANCE IS NOT A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Ordinance No. 23-1464 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 11th day of July 2023 and passed by the following vote: AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS SAEMANN, FRANCOIS, AND DETOY NOES: NONE ABSTAIN: NONE ABSENT: NONE _____________________________ Myra Maravilla, MPA, CMC City Clerk DocuSign Envelope ID: E9CD7CEA-AC02-4901-A6C0-77807152294F